Opinion

Giannelis v. the Atlanta

  • 82 F. Supp. 218
  • 1948 U.S. Dist. LEXIS 3137
Court
District Court, S.D. Georgia
Filed
Aug 27, 1948
Status
Published
Author
Scarlett
On the bench
Scarlett
Cited by
12 cases
Authority
More cited than 76.3%

a statement as to speed and fuel consumption in a charter results in a warranty “rather than a representation, even though the statement is not expressly designated as a warranty”

How later courts described this case

  • a statement as to speed and fuel consumption in a charter results in a warranty “rather than a representation, even though the statement is not expressly designated as a warranty”
  • greater discretion in admiralty than in other branches of the law to award or deny prejudgment interest, but controlling factor is whether the claim is liquidated
  • no maritime lien for commissions for securing charter party

Written by the judges who cited it.

The opinion

SCARLETT, District Judge.

There being no exceptions filed to the Special Commissioner’s report, but the parties affected being in Court and consenting:

It is ordered, decreed and adjudged that the report of the Commissioner be adopted and approved and made the order and finding of this Court, except that by consent of all parties judgment is rendered for the Caravan Shipping Corporation in the sum of Six Thousand Seven Hundred Fifty ($6,750) Dollars instead of the sum shown in the Commissioner’s report; in all other respects, the same being confirmed as rendered.

The Clerk of this Court will forthwith distribute the sums found for the parties to their respective attorneys of record, from

*242

the proceeds of sale of said vessel now on deposit in the registry of this Court.

After evidence heard, a reasonable fee is fixed for A. A. Lawrence, Esq., Special Commissioner, in the sum of One Thousand Two Hundred Fifty ($1,250.00) Dollars and One Hundred ($100) Dollars to said Commissioner for out-of-pocket expenses incurred by him in the preparation and mimeographing of his said report.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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